Правозащитная деятельность ООН

INTERNATIONAL SLAVONIC UNIVERSITY

(KHARKOV)

DEPARTMENT OF INTERNATIONAL ECONOMIC RELATIONS AND BUSINESS

HUMAN RIGHTS SITUATION AND PROTECTION. UNO ACTIVITY .

Essay of the second year student

Darya Ivanova

Tutor - N. Dolinina

KHARKOV

1996

CONTENTS

1. INTRODUCTION

2. UNO ACTIVITY IN HUMAN RIGHTS SPHERE

3. THE INTERNATIONAL GEAR OF PROTECTION OF HUMAN RIGHTS

4. HUMAN RIGHTS IN UKRAINE

5. POLITICAL RIGHTS AND FREEDOMS IN UKRAINE

6. SOCIAL AND ECONOMIC RIGHTS

7. FREEDOM OF VOICE

8. CONCLUSIONS

9. RESUME

INTRODUCTION

In the period after acceptance of the Declaration of State

Independence in Ukraine was considerably made more active state

and political activity in the sphere of human rights. A

parlamentary committee on human rights is created, there is

accepted a number of acts, aimed at strenghtening of legal

status of citizens, legal base of protection of human rights and

freedom is updated as a whole.

A set of nation-wide, regional and local right-defence

organizations were registered, international contacts with

interstate and non-government organizations are adjusting. These

organizations have devoted their activity to the protection of

the person in today's difficult, rigid and even severe world.

Many international pacts, agreements and conventions on human

rights and freedoms were signed. There was considerably improved

the integration of Ukraine in the international right-defence

gear, real steps to increase the warranties of fulfillment of

international obligations in human rights sphere were made.

Much more forums are conducted with the dominant idea of

protection of Ukrainian citizen's and foreigner's (which are on

the territory of Ukraine) rights and freedoms.

New magazines on human rights are established, lectures are

read, special and optonal cources on human rights are organized,

educational programs are distributed. Much attention is paid to

the educational aspect of the problem. National and

international conferences and symposiums, "round tables" and

readings on urgent problems of development of institute of human

rights and protection of political, social and economic rights,

freedoms and legal interests of the person are carried out.

In other words "the requirement of all-round maintenance of

human rights and freedoms" has become not simply a line of

preamble of the Declaration of State Independence of Ukraine but

the program of state and political activity of citizens of

Ukraine and foreigners, which permanently or temporary stay in

our country.

But it will be an error to overestimate the first shifts in the

right-defence sphere. Despite all the achievements in this

sphere the situation of the person in Ukraine remains hard and

unprotected. There are a lot of reasons and there is a great

number of explanations of this fact.

It is possible to refer to the absence of a legal state with

precisely distributed functions of legislative, executive and

judicial powers. Frankly speaking, these branches are imperfect

because of the political traditions in all the contries of the

former USSR . For example, the judicial power continues to act

with the main idea of punishment, instead of protection of

rights and freedoms of citizens.

Frequently jealous relations between right-defence organizations

make public right defence movement weak. It is not so influental

and effective as should be.

The habit to make acts in the field of human rights

propagandistic by character has overload them by political,

moral or simply ideological admonitions. As it frequently

happens it is heavy to separate from them really legal

statements, it sometimes makes impossible protection of rights,

honour and interests of the person.

As a rule there remains inconsistency of national legal acts with

international pacts and conventions on human rights. The principle

of priority of international norms in the matters of human rights

is recognized by the law, but is not applied or it is applying

very seldom in practice.

We have a selective approach to recognition of international

obligations in the sphere of protection of rights, that is not

allowed in practice of other states. Just due to such approach

we did not ratify, have not joined, have not accepted or not

approved a significant number of important international pacts,

agreements, conventions.

The plenty of ratified by Ukraine international pacts does not act

concerning our state because we have used the stipulated in them

gear of realization in a very specific way. In the international

contractual activity of Ukraine the negative tendency to sign

international pacts on human rights without output of domestic

gear of their realization was expanded.

The practice not to publish the text of ratified documents and

conventions in the sphere of human rights or to publish by a

small edition or with a 5-10 year delay has become rather

widespread.

It is possible to consider natural the inconsistency of the

Ukrainian legislation with international obligations of state.

Practically only in the last years the authority of international

pacts on human rights has become admitted by our officials.

Some integral rights of the person are absolutly unknown to our

state or are admitted only on the paper.

It is necessary to achieve the real, guaranteed maintenance of

such integral rights and freedoms as: right to life, right to

freedom of opinions and the free manifestation of them, right to

ideological (with exception of the ideological movements,

forbidden by modern international legislation), religious,

cultural freedom, right to participation in political life and

management, right to freedom of print, to reception and

distribution of information, right to strike, right to healthy

environment, right to an acceptable living standard, necessary

for health support, well-being, honour, right to access

depending on abilities and professional training to any posts in

state bodies, establishments, organizations, right to protect

rights and freedoms according to the legislation, right to

property indemnification of moral damage, caused by illegal

actions of state bodies, by officials and other persons, right

to leave the country and to return to it, right to appeal to the

court in the case of illegal arrest, detention, refuse in the

opening or closing of a criminal case, right of citizens to free

movement and to choose a place of residing in the country, right

to property indemnification in case of illegal detention,

arrest, conviction, illegal dismissal from a post, illegal

location in mental establishments, etc.

The named rights are usual for the world practice. We have to

lead the legislation of Ukraine to conformity with international

standards in the sphere of human rights but this step will not

give necessary results without solution of a problem how to

increase literacy of the population in the sphere of

international standards. The lack of information in this sphere

influences the decrease of legal culture.

UNO ACTIVITY IN HUMAN RIGHTS SPHERE

After the Second World war under the influence of the facts of mutual

abuse of human rights the general recognition was received by

the concept of necessity of the international cooperation in

this sphere. In item 3 of article 1 of The UNO Constitution it was

proclaimed that one of the UNO tasks is realization of joint

activity of the state members. This activity is directed to

the human rights be respected and adhered by all,

irrespective of race, sex, language and religion.

According to this item Ukraine as one of the UNO founders has

taken the obligations to act independently or together with other

states in order to achieve a world wide respect of human rights

and their realization. In the Declaration of State Independence

of Ukraine, July 16, 1990 a priority of common to all mankind

values above class values and a priority of conventional norms

of the international legislation above norms of domestic

legislation were confirmed. And by this Ukraine confirms its

readiness to adhere the UNO Constitution. In the Law "On the

Action of International Agreements on the Territory of Ukraine",

December 10, 1991 was established, that signed and properly

ratified by Ukraine international agreements are an integral

part of the legislation of Ukraine and are used in the order,

stipulated for norms of the national legislation. In the basis

of this Law there is recognition of the priority of the common

for all mankind values and the general principles of the

international legislation and will to supply the unviolability

of human rights and freedoms and to join the system of legal

relations between states on the basis of mutual respect of the

state independence and democratic bases of international

cooperation.

The Law "On the Right Inheritance of Ukraine", September 12, 1991

confirmed in article 6 the obligations of our state concerning

international agreements, signed by Ukrainian SSR. The adduced

international acts and the domestic legislation convincingly

prove Ukraine's will to participate actively in UNO work

directed to the protection of human rights.

On the territory of Ukraine this obligation enables each person to

lean for the protection of its rights and freedoms on

international standards produced by UNO, and in case of refusal

of government bodies to protect these rights and freedoms to

address in UNO. Unfortunately such necessity exists, as on apt

expression of the chairman of a the standing Commission on Human

Rights, Protection of Minorities and Refugees of Supreme Council

of Ukraine Mr. Vladimir Butkevich today in our state there is

a crisis of the legal system.

In this case it is necessary to consider a gear of UNO

activity in the field of rights of the person and to define

opportunities for protection of each person.

First of all it should be said, that UNO has defined a sense and

has made a list of human rights which should be observed by all

countries of the world and Ukraine in particular.

Our country, since it has become a member of UNO, actively

participates in the output of main documents, which concern

human rights. Ukraine ratified and has admitted compulsory 14 of

22 major international agreements on human rights, developed

by UNO. At the Second World Conference on Human Rights in Viden

in 1993 delegates from almost all the countries of the world have

admitted, that the main international standards of human rights are

today generated and the main task of UNO is to increase the

efficiency of the gear of international protection of rights of

the person.

Not concretizing the sense of international standards concerning

human rights, which are well investigated by Ukrainian and

Russian scientists (these standards are in published texts of

The Universal Declaration of Human Rights, December 10, 1948,

International Pact on Economic, Political and Cultural Rights,

December 16, 1966 and in some other documents), it would be

necessary to note, that even the announcement of the state of

emergency can not call restrictions or abuse of the great number

of human rights.

According to article 4 of The International Pact on Civil and

Political Rights in a case of state of the emergency when there is

the heaviest threat to the human rights and freedoms there can not be

abused: the right to life; prohibition of deprivation of freedom

for impossibility to execute contract obligations; prohibition

of providing with the force of return the criminal law; the right

to recognition of the legal capacity of each person; ideological

freedom, freedom of conscience and religion.

THE INTERNATIONAL GEAR OF PROTECTION OF HUMAN RIGHTS

Today the international gear of protection of human rights acts

in frameworks of UNO.

The General Assembly of UNO according to article 13 of The UNO

Constitution carries out researches and gives recommendations

concerning fulfillment and respect of human rights. In order to

support this UNO accepts appropriate resolutions on particular

questions of protection of human rights. Though the resolutions

have recommendatory character, member countries, as a rule

execute these recommendations. The General Assembly also accepts

and opens for ratification by countries - members conventions, which fix

international standards of human rights. Economic and Social

Council helps General Assembly in this activity . According to

article 68 of The UNO Constitution two functional commissions

were created - the Human Rights Committee with smaller

Subcomission on Prevention of Discrimination and Protection of

Minorities and the Commission on Women Status. In the already

mentioned Subcomission there is a representative of Ukraine -

professor Vladimir Butkevich .

The Human Rights Committee is chosen by the Economic and Social

Council from 43 representatives of UNO member countries for 3

years. The representatives of Ukraine many times were chosen

members of the Human Rights Committee considering their active

work in the development of international agreements and other

documents in the field of rights of the person.

The Human Rights Committee is going annually on sessions and

discusses most important questions of international protection

of human rights. Besides development of projects of conventions

for General Assembly of UNO, it investigates the cases of

malicious and mass abuse of human rights.

Only in modern conditions of development UNO and its bodies

have an opportunity to depart from the ideological collisions on

questions of human rights and to begin to consider aspects of

interstate relations as cooperation for achievement of such

great values - rights and freedoms of the person.

Now such conventional bodies act: Committee on Liquidation of

Race Discrimination, created according to the International

Convention on Liquidation of All Forms of Race Discrimination,

December 21, 1965 (since April 7, 1969 Ukraine participates in

this Convention); the Human Rights Committee, created according

to International Pact on Civil and Political rights, December

16, 1966, (Ukraine participates in this Pact since November 19,

1973); Committee on Liquidation of Discrimination of Women,

created according to the Convention on Liquidation of All forms

of Discrimination of Women, December 18, 1979 (since September

3, 1981 Ukraine participates in this Convention), Committee

Against Tortures, created according to the Convention Against

Tortures and Other Severe or Humiliating Honor Kinds of

Behaviour and Punishment, December 10, 1984 (since June 26, 1987

Ukraine participates in this Convention), Committee on Economic,

Social and Cultural Rights, created according to the

International Pact on Economic, Social and Cultural Rights,

December 16, 1966 (Ukraine is a member of this Pact since

November 19, 1973), Committee on Chidren's Rights, created

according to the Convention on Children's Rights, October 20,

1989 (Ukraine is a member of this Convention since September 27,

1989).

The named committees consist of 18 members, which should be

citizens of country - members of appropriate conventions and

which are people of high moral and which are competent in the

field of human rights. The members of the committees are chosen by

secret voting by country - members of the appropriate

convention for a period of 4 years. Such procedure of creation

of committees gives them an opportunity to solve difficult,

complex tasks of protection of human rights in the states, which

have signed appropriate international documents.

It is clear that an important element of activity of these

international bodies concerning the realization of agreements

are obligations of the member countries to participate in their

activity and to adhere their decisions. That is a feature of the

whole process of protection of human rights with the help of

international conventional bodies. If in the national

legislation there is a law, which is realized due to the activity

of courts or state bodies, the international bodies lean

exclusively to cooperation of the countries, which take the

obligations.

When the country refuses to participate in the convention on

protection of these or other rights of the person, it does not

take international measures concerning realization of these

rights.

The competence of the named committees is largely stopped. It is

nessesary to consider the Human Rights Committee work.

According to the Pact the Committee receives and considers reports

of member countries on the taken measures for realization

of the rights proclaimed in this international document. After

consideration of the reports the Committee approves

recommendations to the member countries concerning realization

of civil and political rights.The Committee can make remarks of

general character, which explain the statements of the Pact and

help member countries to realize human rights.The Committee also considers

complaints of member countries of abuse of these statements

by other member country. In this case the Committee grants its

service for permission of this argument, and in case of

disagreement of the countries nominates a special commission. May be

the most important authority of the Committee is its right to assort

arguments of persons and international non-state organizations

about abuse of human rights by the member country. The Committee

receives such right only with the specific agreement of the

member countries. The Optional Protocol to the International Pact

on Civil and Political Rights of December 16, 1966 was adopted, according to which the member countries of the Pact

take an obligation to admit the competence of the Committee to

consider arguments of countries. The members of the Pact are

93 countries, and The Optional Protocol was ratified only by 53

countries. Ukraine ratified this document on November 25, 1991.

So each person in Ukraine can address the Committee with

complaints on abuse of civil and political rights provided in

the Pact.

However, there is an important requirement: the Committee

considers such complaint only when all national opportunities of

legal protection were used. So in Ukraine the person should

address for the protection rights to court and only after the

decision of the national court, and in case of the appeal after

the decisions of supreme judicial instances, it is possible to

refer to the Human Rights Committee.

The Committee considers received complaints and offers the

countries to give an explanation. After confidential

consideration of the case and explanations or applications of

the countries the Committee notifies the interested person and

country on which complaint was sent on the consequences of

discussion.

Till March of 1991 the Committee considered 445 messages of

persons concerning 33 countries. In 119 cases the Commitee has

published conclusions and has established 93 facts of abuse of

human rights. The considered international procedure influences

maintenance of civil and political rights. In the connection with

participation of Ukraine in the Optional Protocol and

availability of difficult cases of abuse of human rights on the

territory of our country, where, as it frequently happens, national

ways of legal protection are exhausted, there is a good idea to

give an address of Human Rights Committee. Other Committees

are situated there too. This address should be written in

English: The Human Rights Commitee c/o the Centre of Human

Rights, United Nations Office 8-14 avenue de la Paix 1211 Geneva

10, Switzerland. In the message it should be indicated, that it

is posted according to the Optional Protocol to the

International Pact on Civil and Political Rights.

There must be the information about the author of the message

(surname, name, nationality, profession, date and the

birthplace, address). The author should indicate the member

country - infriger, which article of the pact was infringed and

which national ways of legal protection were used. Then there must be

indicated which abuse of human right this letter is and

the date. In the end there should be a signature of the author

of the message.

By the decision of the General Assembly of UNO it is also provided, that

all the members of the Organization should grant reports

about realization of civil, political, social and economic

rights. These reports are discussed at meetings of the Commission

on Human Rights. When the members of the Commission have questions

or need new materials they address the appropriate country. The

Human Rights Committee uses only materials given by the state.

After the discussion of the report ther Human Rights Committee will

promulgate general remarks. And after this influence of UNO on

country - infringer of rights is limited. The practice of UNO

proves, that this influence is unsufficient. Such countries as

Iran, Iraq, Afghanistan, Somali, Ruande, where there are

rough infringements of human rights, do not react to the remark

of the Committee. Therefore already there is a question of

introduction of measures in a UNO gear, which would influence the

activity of the countries and notify or terminate infringements

of human rights.

In 1993 the General Assembly of UNO adopted the decision

to introduce a new post - Supreme Commissioner of UNO on

Human Rights. This official should monitor observance of

human rights worldwide and using present gears of UNO render

influence the countries, in order to achieve observance of human

rights and freedoms. Yet there is no experience of work of this

new chain of the gear of UNO in protection of human rights. But

the experience of regional conventions on human rights testifies

that it is necessary to add to the UNO gear one more

important part - International Human Rights Court. In modern

conditions it could execute protection of rights and freedoms of

the person worldwide in judicial order. This body could

consider complaints of persons on infringement of human

rights. Now such complaints without any consequences are

considered by the Human Rights Committee. And the International

Human Rights Court could bear compulsory decisions, fulfillment

of which Security Council of UNO would guarantee. It's clear, that

the consent to the compulsory jurisdictions of such court

countries should give in the appropriate international document.

The International Court of UNO acting today considers exclusively

complaints of countries at the infringement of international

agreements by other countries. It concerns conventions on human

rights. Ukraine has admitted the compulsory jurisdiction of the

International Court of UNO concerning complaints at infringements

of human rights. Any complaint at the infringement of the

international conventions on human rights will be taken to

consideration in the International Court of UNO. Concerning

other conventions, at availability of the complaint of certain

country on Ukraine, consent of our country to consideration in

the International Court is necessary. Such position of Ukraine

testifies its relation to human rights and its diligence to use

completely the acting gear of UNO for protection of human rights.

There is one important task facing Ukraine - to enter the

political and legal space, created in Europe. The European

Council did large work and has created more than 140 conventions

on human rights. Participation of the majority of the countries of

Wstern Europe in these conventions caused the unification of

their legislation on human rights and has given an opportunity

to increase the level of realization of human rights and freedoms.

HUMAN RIGHTS IN UKRAINE

July 16, 1990 Supreme Council of Ukraine has ratified the

Declaration of the State Independence of Ukraine, which has

proclaimed "the state independence of Ukraine is priority,

independence, completeness and unity of the authority of

the Republic in its territorial borders and independence and

equality in external relations". In the Declaration there was

stressed the equality of all citizens of the republic

irrespective of origin, social and property status, race and

nationality, sex , education, language, political sights and

religion, profession, place of residing and other circumstances.

December 25, 1991 Ukraine has joined the Optional Protocol and

International Pact on Civil and Political Rights.

But, unfortunately, having ratified these important

international agreements, Ukraine its own internal

legislation has not been put in conformity with the named

agreements.

For example in Section of the International Pact on Civil and

Political Rights it is said, that the person has the right to life,

which is protected by the law. But in our state capital

punishment is still used. This kind of punishment is preserved

in the the new Criminal code draft.

Ukraine ratified 45 important international conventions, has

participated in preparation and acceptance of more than 60

resolutions, declarations, pacts, conventions, agreements and

other documents, which impose particular international

obligations on member countries. Besides the above mentioned international

documents, Ukraine ratified the International Convention on

Liquidation of All Forms of Race Discrimination, the

International Convention on Termination of Apartheid

Crimes and Punishment for Them, Convention Against Apartheid in

Sport, Convention on Liquidation of All Forms of Discrimination

of Women. It testifies a certain level of development of legal

culture, that will allow the state to enter the world community.

POLITICAL RIGHTS AND FREEDOMS IN UKRAINE

The adoption at the end of 1989 by the Supreme Council of

Ukrainian SSR of the Law "On Elections of National Deputies",

in which the elections on the alternate basis stipulated, was the

first step on a way to creation of democracy in Ukraine. Despite

obvious defects of that Law, as granting of a unique opportunity

to the Communist party to interfere in the process of elections.

The republic received a new Parlament, which has on August 24,

1991 adopted the Act declarating independence of Ukraine.

The Supreme Council of Ukraine has ratified the laws "On public

and local referendums", "On elections of president of Ukraine",

"On public associations". The preconditions for participation of

the person in state and public life, for influence on activity

of different state bodies and public associations of political

direction; participation in the formation of representative

bodies of state power and local authorities; creation and

participation in the activity of public associations.

In 1991 there was conducted a referendum, which gave an

opportunity to citizens to express their attitude to

independence of Ukraine. The elections of president of Ukraine,

which were conducted on December 1, 1991 on the alternate basis,

were free and democratic. People chose Leonid Kravtchuk. But

already in the mid-1992, as the consequence of an economic

policy discontent began to grow (there was made an attempt to

collect 3 million of signatures with the requirement advance to

re-elect Supreme Council and the president of Ukraine).

An important step on the way to construction of a democratic state

was an acceptance on March 6, 1992 the Law "On cancellation of

criminal punishment in a kind of the exile and banish".

At the end of 1993 the Supreme Council accepted the Law "On

entrance - departure", which is certainly a step of our

legislation ahead. Unfortunately, this project does not contain

precisely developed political gears of realization of the right

of citizens to departure and entrance to Ukraine. Some thesis of

the project are directed on legal fastening of the existing

situation.

February 4, 1994 the Law "On the legal status of foreigners"

was adopted, it defines the legal status, fixes the main rights,

freedoms and responsibility of foreign citizens, as well as

those of persons without citizenship, which live or temporarily

stay in Ukraine, and defines the order of consideration of

questions, connected with departure or entrance to country.

SOCIAL AND ECONOMIC RIGHTS.

Ukraine among the first 20 states, ratified the International

Pact on Economic, Social and Cultural Rights (three years

before the input of the Pact in to action).

But most of the already declarated by Ukraine social and economic

rights are not provided. Our country now can't provide citizens

with certain life standard.

In 1990-1993 the Supreme Council accepted some laws, which

should become the guarantor of social protection of the

population: the laws "On the Status and Social Protection of

Citizens Damaged as a Consequence of Chernobyl Accident", "On

Employment of the Population", "On the Bases of Social

Protection of Invalids", "On the State Help to Families with

Children" etc. But in practice these laws were not realized.

A characteristic feature of the modern social and economic

situation in Ukraine is constant decrease of the level of life

of the majority of the population, which is under pressure of

inflationary processes and recession of manufacture.

Today mass misery of the population is the factor, which

considerably influences the formation of consciousness of

people, of their attitude to updating of society. The success

and the prospects of reforms in Ukraine depend on whether the

existing political parties and movements will manage to ensure

social support of reforms. The experience of the last years

testifies that conditions for occurrence and constant

reproduction of subjects of a market economy are extremely

slowly created, and they are deformed by the crisis phenomena in

our economy.

The second president of Ukraine - Leonid Kuchma tried to

stabilize economic situation, but it seems that he failed. Now

Ukrainian economy is a market economy due to reforms of the last

three years. It seems to be a great success but it is not a

great success because now it's clear that nobody can stop the

catastrophic recession of manufacture.

The growth of indiffirence of social layers testifies to

formation rather specific relations between authorities and

population - relations of parallel existing and

non-interference.

Among economic rights of the person the central place takes the

right to property. Unfortunately and so far legislation has

no norms of equal and reliable protection of the property of all

subjects of economic activity. Diffirent norms concerning the

property are contradicting each other.

FREEDOM OF VOICE

Today in Ukraine a distribution of separate periodic editions is

forbidden. It is done by local representative authorities,

infringing the legislation.

Despite the existence of the laws about the information, press and

TV, the access of journalists to the primary sources still

remains problematic, and sometimes - impossible, if it touchs

interests of the officials.

There are a lot of examples such as the accident with the famous TV

program. Broadcast of one of its releases was prohibited by the

Supreme Council despite the legislation because of a scene in

Parliament. And there are a lot of journalists which insult

officials and famous persons. This situation witnesses the low

level of culture of our journalists and deputies.

Freedom of voice in Ukraine has not reached an appropriate level

yet. Real freedom of word is possible only with the conformity

of the whole current legislation with international norms and

creation of state gears of regulation.

CONCLUSIONS

The creation of the united legal space in Europe imposes on

Ukraine new, difficult obligations to edit the norms

of the legislation, coordination of rules of judicial

practice with the existing universal and regional agreements.

Development of normative base and gears of its realization in

the international right considerably advances appropriate

Ukrainian parameters of all directions. Therefore it is

necessary to update the legislation up to a modern european

level. All european international legal system is generated as a

system of protection of human rights. Meanwhile the legislation

of Ukraine is a system of protection of interests of the state.

Ukrainian Constitution should guarantee, instead of declare

the right to life, freedom of voice and free realization of it,

to ideological, religious and cultural freedom, freedom to

participate in political life and management, right to strike, right to

property indemnification of moral losses, caused by illegal

actions of state bodies, officials, right to leave the country

and to come back to it and so on. The named rights are new for

Ukraine and are usual for world practice.

The problem of human rights in Ukraine is difficult, multiplan.

Serious work on adaptation of the current legislation to

principles and norms of the international legislation is carried

out. You have paid attention how frequently at disputes the

national deputies refer to articles of this or that

international agreement. Today they do not practically consider

bills, if they mention rights of citizens and have not

previously passed the examinations of international experts.

In case of especially difficult bills, for example on

citizenship, they address or may addreaa an appropriate

structure of international organizations and, especially, UNO

with the request to grant the consulting help at preparation of

the legal act.

All the already adopted acts are now being analized for their

conformity to the international standards and international

obligations of Ukraine. There are enough frequently accepted

laws on amendments and additions to the acting laws.

Before the Declaration of Independence we had not any periodic

editions, directly devoted to the questions of human rights.

Today more than ten of periodic editions are devoted to this

theme. National and international conferences, round tables,

seminars etc. are devoted to the questions of human rights.

There is much work to do but now we have a few results.

RESUME

Ukraine has a lot of problems now. One of them is the situation in human

rights sphere. Many international pacts, agreements and conventions on

human rights and freedoms were signed. There was considerably

improved the integration of Ukraine in the international

right-defence gear, real steps to increase the warranties of

fulfillment of international obligations in human rights sphere

were made.

But it is insufficient. The infrigments of human rights by state

bodies and officials are numerous. Common to the international

practice norms are unknown in Ukraine (or regulary abused). The

already declared rights can not be supported because of the

global economic crisis.

Today mass misery of the population is the factor, which

considerably influences the formation of consciousness of

people, of their attitude to updating of society. The success

and the prospects of reforms in Ukraine depend on whether

existing political parties and movements manage to ensure social

support of reforms. The experience of the last years testifies

that conditions for occurrence and constant reproduction of

subjects of a market economy are extremely slowly created, and

they are deformed by the crisis phenomena in our economy.

The human rights are infriged in Ukraine and there is nessesity

to refer to international orgsnizations for defence of human

rights and freedoms.

Today the international gear of protection of human right acts

within the UNO frameworks. One of such UNO bodies is the Human

Rights Committee.

The Committee considers the received complaints and offers the

countries to give an explanation. After the confidential

consideration of the case and explanations or applications of

the countries the Committee notifies on consequences of the

discussion the interested person and country on which complaint

was sent.

There is the an important requirement: The Committee considers

such a complaint only when all national opportunities of legal

protection were used. So in Ukraine the person should address

for the protection of rights to the court and only after the

decision of the national court, and in case of the appeal after

the decisions of supreme judicial instances, it is possible to

refer to the Human Rights Committee.

It's a pity but competence of this committee (and other UNO bodies as well)

is largely stopped.

The problem of human rights in Ukraine is difficult, multiplan.

Serious work on adaptation of the current legislation to

principles and norms of the international legislation is carried

out. Today deputies do not practically consider bills, if they

mention rights of citizens and have not previously passed the

examinations of international experts. We have to do a lot to

make our state a really democratic and legal one.

‹ˆ’…€’“€:

1. ‡ ¡®«®æª ï ‹., ‚®§­¨ª­®¢¥­¨¥ ¨ ä®à¬¨à®¢ ­¨¥ ¬¥¦¤ã­ à®¤­ëå áâ ­¤ à⮢ ¢ ®¡« á⨠¯à ¢ 祫®¢¥ª , “ªà ¨­áª ï «¥â®¯¨áì ¯à ¢ 祫®¢¥ª , 1994.

2. ˆá ª®¢¨ç ‘., Œ¥å ­¨§¬ ¤¥ï⥫쭮á⨠ŽŽ ¯® § é¨â¥ ¯à ¢ 祫®¢¥ª , “ªà ¨­áª ï «¥â®¯¨áì ¯à ¢ 祫®¢¥ª , 1994.

3. O§à¨å Œ., Œ¥¦¤ã­ à®¤­®-¯à ¢®¢ë¥ áâ ­¤ àâë ¨ ¯à ¢  祫®¢¥ª  ¢ “ªà ¨­¥, "à ¢® “ªà ¨­ë" N 4, 1993.

4. Žâç¥â “–‹ ® ¯®«®¦¥­¨¨ ¤¥« ¢ ®¡« á⨠¯à ¢ 祫®¢¥ª , 1993.

5. ‚¥¤®¬®á⨠‚¥à客­®£® ‘®¢¥â , ᡮ୨ª §  1995 £®¤.

6. The Statesman's year-book edited by Brian Hunter, 1993,

London.

7. Duc Trang, Legal seminars. Constitutional law and human

rights, 1993, Kiev.